Electronic Spying and Tracking Spouses in Divorce Cases: What's Legal in the Digital World?

Navigating Admissibility and Privacy Issues With Social Media, Smartphones, Spyware, GPS Trackers, and More

A live 90-minute CLE webinar with interactive Q&A


Wednesday, September 13, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will prepare family law attorneys to identify and manage legal issues that arise when a spouse obtains evidence through the use of electronic or telephonic interception, smartphones, spyware, GPS tracking devices, webcams, wiretaps, or other methods.

Description

It’s an increasingly common dilemma for divorce practitioners: Clients come in with potentially great evidence, a virtual smoking gun. However, if it was obtained through telephone interception, spyware, GPS trackers, smartphones, webcams and unauthorized use of social media accounts, how can counsel handle the inherent legal hurdles?

Counsel must consider a number of key issues: Number one—can you use the evidence? Has your client violated federal or state law? Will they need to take the Fifth Amendment if deposed?

When your client presents you with potentially illegally obtained evidence, what are the legal ethics implications for you as an attorney?

Listen as our panel of family law attorneys and a computer technology expert analyzes the current (and ever-evolving) state of legal affairs when husbands and wives spy on one another in a contentious situation.

Outline

  1. Overview of federal and state statutes
    1. Wiretapping
    2. Privacy
    3. Computer crimes
    4. Webcam law
    5. GPS laws
  2. Types of interception and compromise
    1. Social media accounts
    2. Smartphones
    3. Computers
    4. Spyware
    5. GPS tracking
    6. Webcams
  3. Civil and criminal implications

Benefits

The panel will review these and other key issues:

  • How do the federal statutes governing interception of electronic and telephonic communications impact evidence of spousal misconduct that is obtained by a client in a divorce case?
  • What factors can guide counsel in determining whether the evidence can or should be used?
  • What are the implications for clients and counsel with respect to improper self-help surveillance evidence?
  • How should practitioners approach “smoking gun” evidence that may have been illegally obtained?

Faculty

Henry S. Gornbein, Partner
Lippitt O’Keefe Gornbein, Birmingham, Mich.

Mr. Gornbein practices in all areas of family law. He is a monthly contributor to the Michigan Family Law Journal, has written numerous divorce-related articles for the Michigan Family Law Journal, the Michigan Bar Journal and for the ABA Journal. He is the creator and host of the award winning cable television show "Practical Law." He is a frequent lecturer on family law matters.

Sean L. Harrington, J.D., CISSP, CHFI, MCSE, CSOXP, CCFP, Digital and Computer Forensics Examiner
Attorney Client Privilege, Minnesota and Texas

Mr. Harrington is an experienced digital forensics examiner with twenty years of experience in corporate fraud, labor disputes, domestic relations, the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, e-discovery, cybersecurity, the work product doctrine, and attorney-client privilege. His experience is derived from the disciplines of law, IT, software engineering, regulatory compliance, risk management, and information security. Mr. Harrington recently graduated with honors from Taft Law School, successfully passed the California Bar Examination, and is qualified to serve as a digital forensics examiner, expert witness, and court-appointed third-party neutral. 

Larry Dalman, Owner
Dalman Investigations, East Lansing, Mich.

 


Live Webinar

Live Webinar $197.00

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $197.00
Available 48 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $197.00
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Recorded Audio Download (MP3) $197.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $197.00 plus $9.45 S&H
Available ten business days after the live event

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Registration Plus Recorded Event

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Live Webinar & Webinar Download $274.00

Recorded Webinar Download Only $77.00 with Registration/Webinar Combo

Live Webinar & Audio Download $274.00

Recorded Audio Download (MP3) Only $77.00 with Registration/MP3 Combo

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DVD (Slide Presentation with Audio) Only $77.00 with Registration/DVD Combo


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

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CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

I like that I didn't have to leave my office and got some good pictures of different spyware.

Cathy J. Westlund

Kahn, Soares & Conway

The program was very informative and clarified some questions about electronic spying by spouses.

Lynne Weitzel

Law Office of Lynne A. Weitzel

The information provided was useful, and opened my eyes to potential issues I did not see previously.

Tara Mager

Malman Law Firm

The subject of spouses spying on each other comes up a great deal in my practice.  I learned a great deal--especially about the technology that is being or can be used.

Janet Kosid Uthe

Janet Kosid Uthe, Attorney at Law

This provided a great forum for getting up-to-date information on ongoing litigation that is moving quickly.

C. Bailey King, Jr.

Smith Moore Leatherwood

The webcast provided some good examples of cases or situations in which you or your client can really get into a bind and therefore alerted me on how to prevent that from happening

Chad A. Jerome

Cordell & Cordell

It was great having the individual presenters telling us about real life situations.

Susan G. Yellen

Johnson & Cohen

or call 1-800-926-7926

Family Law Advisory Board

Gunnar J. Gitlin

Attorney

The Gitlin Law Firm

Lynne Z. Gold-Bikin

Partner

Weber Gallagher Simpson Stapleton Fires & Newby

Randall M. Kessler

Founding Partner

Kessler & Solomiany

Paula G. Kirby

Paula G. Kirby PLC

Christopher C. Melcher

Partner

Walzer & Melcher

Julia Swain

Partner

Fox Rothschild

Charles F. Vuotto, Jr.

Of Counsel

Starr, Gern, Davison & Rubin

or call 1-800-926-7926

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Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.